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[FL] Can I proceed with a contested divorce if my spouse refuses to provide financial information and cooperate?

Jessica B
Jessica B

29,480 satisfied customers

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I understand how frustrating this situation must be for you, especially with the added stress of being overseas and dealing with financial constraints. Here’s a step-by-step guide on what you can do next:

  1. File a Motion to Compel
    Since your spouse is refusing to provide the required financial information, you can file a motion to compel with the court. This requests that the court order your spouse to comply with the financial disclosure requirements. If he continues to refuse, the court may impose sanctions or penalties.

  2. Consider Temporary Orders
    You may request temporary court orders for financial support or other immediate needs while the divorce is pending.

  3. Seek Legal Assistance
    Consider consulting a civilian attorney experienced in military divorces to help navigate the process and any military-related complexities.

  4. Explore Mediation
    Mediation may be a less adversarial and more cost-effective option if both parties are willing to participate.

  5. Utilize Military Resources
    While military legal assistance cannot represent you in civil matters, they may still offer helpful resources or referrals to attorneys who offer military discounts or pro bono services.

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How do I get a divorce that is being contested by my spouse? I have filed for him to exchange financial information as required by Florida law, but he won’t give me his information.

Lexi

Lexi, Chatbot

I understand that dealing with a contested divorce can be very stressful. How long have you and your spouse been married?

13 years

Lexi

Lexi, Chatbot

Have you already filed for divorce, or are you in the process of preparing to do so?

In the process.

Jessica B

Jessica B

Thank you for reaching out! My name is Jessica, and I am a licensed attorney who will be assisting you with your question.

I understand you're dealing with a contested divorce situation where your spouse is not providing the required financial information in Florida. Have you considered any legal steps to address this situation?

I'm not sure of the legal steps. I'm active duty military, and the government shutdown has been limiting my funds.

Jessica B

Jessica B

I understand that being on active duty and dealing with financial constraints can be really challenging, especially during a government shutdown.

Could you let me know which state you're currently residing in? This will help me provide more specific advice.

I'm overseas in South Korea, but Florida is the state of residence on my record.

Jessica B

Jessica B

Thanks for letting me know. Since Florida is your state of residence, we'll focus on the laws there.

Have you been able to consult with a military legal assistance attorney about your situation? They might offer some guidance specific to your circumstances.

They said to get an attorney because it's a civil matter that they cannot help much with.

Jessica B

Jessica B

Based on your situation, there are several legal arguments and considerations in Florida that could potentially support your case:

  • Contested Divorce: In Florida, a contested divorce occurs when spouses cannot agree on one or more key issues, such as property division, child custody, or alimony. This requires court intervention to resolve these disputes.

  • Financial Disclosure: Florida law mandates both parties in a divorce to provide full financial disclosure. If your spouse is refusing to exchange financial information, it may be considered non-compliance with court rules, which can be addressed legally.

  • Military Considerations: As an active duty military member, you have certain protections under the Servicemembers Civil Relief Act (SCRA), which can affect divorce proceedings, especially if you're overseas.

Let me know if you have any questions or clarifications. If not, I’ll move forward with guidance.

He is refusing everything — to provide anything to me or anything to move forward. I have been trying to get all of this paperwork together all year. I'm not sure what to do next.

Jessica B

Jessica B

I understand how frustrating this situation must be for you, especially with the added stress of being overseas and dealing with financial constraints. Here’s a step-by-step guide on what you can do next:

  1. File a Motion to Compel
    Since your spouse is refusing to provide the required financial information, you can file a motion to compel with the court. This requests that the court order your spouse to comply with the financial disclosure requirements. If he continues to refuse, the court may impose sanctions or penalties.

  2. Consider Temporary Orders
    You may request temporary court orders for financial support or other immediate needs while the divorce is pending.

  3. Seek Legal Assistance
    Consider consulting a civilian attorney experienced in military divorces to help navigate the process and any military-related complexities.

  4. Explore Mediation
    Mediation may be a less adversarial and more cost-effective option if both parties are willing to participate.

  5. Utilize Military Resources
    While military legal assistance cannot represent you in civil matters, they may still offer helpful resources or referrals to attorneys who offer military discounts or pro bono services.

Jessica B

Jessica B

Please let me know if you have further questions or need clarification on any of these steps.

How do I file a motion to compel?

Jessica B

Jessica B

You may contact the clerk of court and ask for the form to complete and file. I hope I was able to help resolve your issue! If you have any other questions, feel free to ask.

Thank you.

Jessica B

Jessica B

You're welcome! If you have any further questions about this issue, feel free to reach out. Take care!

Jessica B

Jessica B

29,480 satisfied customers

Jessica B
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